Nouider v. Chertoff
Nouider v. Chertoff
Opinion of the Court
SUMMARY ORDER
Petitioner Khalid Nouider seeks review of the July 9, 2003, decision of the Board of Immigration Appeals (“BIA”) affirming the March 27, 2002, decision of Immigration Judge (“IJ”) Alan Page finding Nouider ineligible for a waiver of inadmissibility under former Section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c) (repealed 1996), or cancellation of removal under Section 240A(a) of the INA, 8 U.S.C. § 1229(a). See In re Nouider, No. A 29 781 240 (B.I.A. July 9, 2003), aff'g No. A 29 781 240 (Immig. Ct. N.Y. City Mar. 27, 2002). Nouider also seeks review of January 14, 2004, decision of the BIA denying his motion to reopen his proceedings in order to seek a waiver under Section 212(h) of the INA, 8 U.S.C.§ 1182(h) based on his marriage to a United States citizen. See In re Nouider, No. A 29 781 240 (B.I.A. Jan. 14, 2003).
The BIA properly rejected Nouider’s claim that by combining Section 212(c) relief with Section 240A(a) relief he could overcome the aggravated felony bar to Section 240A(a) relief.
. We reject the government's argument that we owe Chevron deference to the BIA’s decision. See Rotimi v. Gonzales, 473 F.3d 55, 56 (2d Cir. 2007) ("[A] nonprecedential decision
Reference
- Full Case Name
- Khalid NOUIDER v. Michael CHERTOFF, Secretary, Department of Homeland Security, Michael J. Garcia, Assistant Secretary, United States Immigration and Customs Enforcement, John P. Carbone, Interim Field Office Director of New York City, U.S. Immigration and Customs Enforcement, Department of Homeland Security, United States Immigration and Customs Enforcement
- Status
- Published